International Covenant on Economic, Social, and Cultural Rights Part 2

Mental health and human rights: The role of the law in developing a right to enjoy the highest attainable standard of mental health in Australia
Bernadette McSherry
Journal of Law and Medicine
Volume 15, Number 5, May 2008 p.773

Article 12(1) of the International Covenant on Economic, Social and Cultural Rights requires governments to recognise “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health”. However, the traditional focus of mental health laws on the treatment and detention of those with low-prevalence serious mental illnesses may have skewed resources such that the development of a right to mental health for all individuals with mental illnesses has been stymied. In Australia, a number of inquiries and reports have found that while legislation has been changed to comply with human rights principles, access to mental health care and follow-up post-hospitalisation need critical attention. This article outlines a five-year project aimed at exploring how mental health laws can help develop and support a right to enjoy the highest attainable standard of mental health.

Health and human rights: Challenges of implementation and cultural change
Ian Freckelton
Journal of Law and Medicine
Volume 15, Number 5, May 2008 p.794

The author identifies the evolution of discourse about human rights to health in medical law, health law and public health law, as well as in major international instruments. He emphasises the importance of General Comment No 14 on Art 12 of the International Covenant on Economic, Social and Cultural Rights . He argues that its breadth but also its specificity in terms of accountable benchmarks and measures of health service provision are likely to frame discourse on “rights to health”in the succeeding years. He identifies the need for translation of the rhetoric in such instruments into meaningful and patient-informed data so that it becomes possible to compare and contrast advances (or otherwise) in rights to health within and among different countries.

Application of the International Covenant on Economic, Social and Cultural Rights in the Framework of International Organisations
Coomans, Fons
Max Planck Yearbook of United Nations Law
Volume 11, 2007 p.359

THE RIGHT TO A HEALTHY ENVIRONMENT: CORE OBLIGATIONS UNDER THE INTERNATIONAL COVENANT OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS
MELISSA FUNG
Willamette Journal of International Law and Dispute Resolution
Volume 14, Number 1, 2006 p.97

The Right To Health: Guatemala’s Conflicting Obligations Under The Central American Free Trade Agreement And The International Covenant on Economic, Social, and Cultural Rights
Emily M Cowley
Michigan State University Journal of Medicine and Law
Volume 11, Issue 1, Winter 2007 p.227

Osaka High Court, Judgment, October 27, 2005
Japanese Yearbook of International Law
Volume 49, 2006 p.155

Nationality Requirement in the National Pension System – Non-self-executing Character of Article 2(2) of the International Covenant on Economic, Social, and Cultural Rights – Interpretation of Article 26 of the International Covenant on Civil and Political Rights in the Social Security Context

International Covenant on Economic, Social and Cultural Rights, December 16, 1966
Hawaiian Journal of Law and Politics
Volume 2, Summer 2006 p.163-174

JUSTICIABILITY OF ECONOMIC, SOCIAL, AND CULTURAL RIGHTS: THE UN COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS’ REVIEW OF CHINA’S FIRST PERIODIC REPORT ON THE IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Leà¯la Choukroune
Columbia Journal of Asian Law
Volume 19, Number 1, Spring 2005-Fall 2005 p.30

The Nature of the Obligations under the International Covenant on Economic, Social and Cultural Rights (B. Toebes)
M. Sepúlveda
Netherlands International Law Review
Volume 51, Issue 1, April 2004 p.116

Justiciability of Economic, Social, and Cultural Rights: Should There Be an International Complaints Mechanism to Adjudicate the Rights to Food, Water, Housing, and Health?
Michael J. Dennis and David P. Stewart
American Journal of International Law
Volume 98, Number 3, July 2004 p.462

The proposal to establish a new individual-complaints mechanism under the International Covenant on Economic, Social and Cultural Rights raises important issues about justiciability. The authors explore the negotiating history of the Covenant as well as an array of practical challenges to, and constraints upon, the proposed mechanism, asking how it would function, on what legal basis, and to what practical benefit.

Author: international

Mentioned in these Entries

International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, International Covenant on Economic, Social, and Cultural Rights.